Judge Tabs

Pretrial Preferences

Pretrial Preferences:

Oral Argument on Motions

Judge Bolden will hear oral argument on dispositive motions for the purpose of addressing questions or issues that counsel may be able to resolve through argument. He will hear oral argument on non-dispositive motions only when an argument will advance materially the progress of the case. Judge Bolden may rule from the bench following an argument on motions.

26(f) Reports

Judge Bolden considers the filing of Rule 26(f) Reports to be critical to the efficient administration of litigation. If a Rule 26(f) Report has not been filed within the time required by the rules, a notice is generated by his Courtroom Deputy for failure to comply.

Every Rule 26(f) Report filed by the parties should reflect the following:

consultation with clients and, to the extent necessary, any known witnesses, regarding any matters to be contained in the Report, including prospective deadlines for discovery, the filing of dispositive motions, and a trial ready date;

cooperation between and among the parties through counsel or, if one side is unrepresented, the pro se party, to provide the Court with a meaningful overview of the case, including whether the claims can be narrowed and whether settlement discussions would be fruitful at this time;

development of realistic timelines prepared specifically for the case which, in addition to the elements prescribed by Form 26(f) in the Appendix to the Local Civil Rules, shall include a Subsection V.E.l., providing a date for a Post-Discovery Telephonic Status Conference to be held no earlier than two weeks after the completion of all discovery and prior to the deadline for the filing of any dispositive motions;

if dispositive motions are filed, the Joint Trial Memorandum shall be filed within thirty days of the Court’s ruling on any such motions and the case shall be ready for trial within thirty days of the filing of the Joint Trial Memorandum; and

if no dispositive motions are filed, the Joint Trial Memorandum shall be filed within forty-five days of the close of discovery and the case shall be ready for trial within forty-five days of the filing of the Joint Trial Memorandum.

After the filing of the Rule 26(f) Report, Judge Bolden convenes a Rule 16 scheduling order conference by telephone or, upon request, in person.

Once a scheduling order is entered, Judge Bolden expects parties to follow the schedule, modifying it upon a showing of good cause. If a motion to modify the scheduling order, or any deadline within it, will preclude the resolution of the case within three years of its filing, then the motion is likely to be denied.

Sur-reply briefs

Judge Bolden believes that sur-reply briefs are rarely necessary, even in complex cases. He expects that any subsequent briefing will be accompanied by a motion for permission to file.

Letter Briefs and Supplemental Authorities

Unless requested by Judge Bolden, letter briefs should not be filed. A formal motion instead should be filed, if necessary. If counsel wishes to call the court's attention to new legal authority, counsel should file a notice of supplemental authority with the Clerk. In circumstances where counsel has a legitimate need for immediate attention to a motion, the motion should be filed with the Clerk, with a copy to chambers accompanied by a brief cover letter explaining the need for immediate attention.

Discovery

Motions to resolve discovery disputes cannot be filed unless first discussed with Judge Bolden. Judge Bolden will attempt to resolve discovery disputes by conference call whenever possible. To initiate the Court's involvement, parties should file a joint motion for a discovery conference, describing the nature of the dispute and stating that the parties have conferred, attempted to resolve the dispute in good faith, but remain unable to resolve it. This joint motion also should enumerate the issues for resolution and provide dates and times counsel are available for a telephonic status conference. At least one week before the date of the telephonic status conference set by the Court, the parties shall file brief submissions -- no more than 5 pages each -- detailing their positions. Judge Bolden decides most discovery disputes himself, but may refer others to Magistrate Judge Garfinkel.

Motions for Extension of Time

Judge Bolden is likely to grant motions for extension of time when all parties consent to the motion and the granting of the motion does not otherwise affect the scheduling order entered into purusant to Fed. R. Civ. P. 16(d). Otherwise, any motion for extension of time must be filed in accordance with the "good cause" requirements of Local Rule 7(b). Judge Bolden requests that, absent extraordinary or supervening circumstances, any motion for extension of time be filed at least seven (7) calendar days in advance of the date when an action is otherwise required.

Special Proceedings

Judge Bolden will not grant ex parte relief on motions for temporary restraining orders unless the movant can demonstrate extraordinary circumstances. When a party seeks ex parte relief, Judge Bolden will usually ask that party’s attorney to try to reach the opposing party or its counsel by telephone. Motions for preliminary injunctions are scheduled for a telephone conference at an early opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with a trial on the merits.

Chambers' Copies

Unless otherwise ordered, on the business day following the day on which a document is filed electronically, counsel must provide chambers with one paper copy of the following e-filed documents, including all exhibits and attachments:

a. Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies, including all memoranda of law and all exhibits;

e. Trial briefs, including proposed findings of fact and conclusions of law and all exhibits; and

f. Any other filing that is in excess of 15 pages;

Please ensure that chambers’ copies are properly bound and tabbed. Any chambers’ copy that cannot be secured by a staple must be placed in a three ring hole punch binder, and each exhibit must be separately tabbed. Chambers’ copies may be printed double-sided.

Attorney Affidavits

Attorney affidavits are not necessary to identify exhibits and deposition transcripts submitted in connection with dispositive motions. Attorney affidavits are rarely accepted as evidence on disputed issues of fact other than attorneys’ fees issues.

Trial Preferences

Trial Preferences:

Hours of Day for Trial

Typical trial hours are 9:00 a.m. to 4:00 p.m., with a one-hour lunch break, a fifteen-minute break in the morning, and a fifteen-minute break in the afternoon.

Days of Week for Trial

Trials generally are held five days a week. For certain long cases, Judge Bolden may have longer trial days (i.e., 9:00 to 5:00) four days a week.

Time Limitations for Trial

Judge Bolden typically does not impose time limitations. He works with the attorneys to develop a reasonable estimate for the time required for a trial and schedules the trial accordingly.

Time Limitations for Individual Examinations of Witnesses

Judge Bolden generally does not limit individual examinations of witnesses. In his pretrial order, he requires counsel to separately identify those witnesses they "intend" to call and those witnesses they "may" call.

Opening Statements

Judge Bolden permits opening statements in civil cases. They may not be argumentative and must be limited to what the evidence will show. They are typically required to be brief (i.e., ten minutes or less).

Closing Arguments

Judge Bolden generally allows closing statements of thirty minutes, although additional time may be allowed for very complicated cases or cases with multiple parties.

Demonstrative Exhibits

Parties must disclose demonstrative evidence before it is presented in the courtroom so that objections may be dealt with in advance. Demonstrative evidence may not be used during closing argument unless it has been marked as an exhibit or has been shared with the other parties at least one day before closing.

Moving Exhibits into Evidence

Judge Bolden encourages stipulations with respect to exhibits and tries to work out objections in advance so that exhibits do not have to be formally moved into evidence at trial.

Pre-marking of Exhibits

Judge Bolden requires exhibits to be pre-marked and exchanged in accordance with his pretrial order. He generally limits exhibits to those that have been identified before trial but does not strictly enforce that rule if the need for the exhibit could not reasonably have been anticipated. Counsel are to provide one set of exhibits for the judge and one for his clerk. As with witnesses, counsel are, in their pretrial memoranda, to separate those exhibits they "intend" to use from those exhibits they "may" use.

Procedural Motions and Arguments

Judge Bolden requires in limine motions to be filed in conjunction with or before the Joint Trial Memorandum. Because of this, he deals with many of these motions at pretrial conferences or at oral argument before trial. Nonetheless, should additional issues arise at trial, Judge Bolden expects counsel to alert him to potential problem areas in advance whenever possible. He hears argument on such matters before the commencement of the trial day or during breaks. Judge Bolden rarely permits sidebars and rarely excuses the jury to entertain motions or objections.

Evidentiary Objections During Jury Trial

When in the presence of the jury, counsel must state the basis for any objections in as few words as possible (e.g., “Objection, hearsay” or “Objection, foundation”) and without argument or further elaboration unless Judge Bolden requests more detail. If counsel requests, Judge Bolden will explain the basis for his ruling on an objection at the next break and outside the presence of the jury.

Jury Profiles

Attorneys may request and receive from Judge Bolden’s courtroom deputy the day before jury selection a data sheet with basic information about the backgrounds of venirepersons who are scheduled to appear for jury selection.

Jurors in a Civil Case

In a trial anticipated to take a week or less, eight jurors are typically selected. For longer cases, ten to twelve may be selected. All jurors deliberate in civil cases. In criminal cases, Judge Bolden generally does not permit alternates to deliberate.

Juror Notebooks

Attorneys who want to provide exhibits to the jurors in "juror notebooks" are permitted to do so.

Juror Notes

The court permits note taking by jurors and supplies notebooks for juror use.

Jury Instructions and Charge

Judge Bolden requires counsel to submit proposed jury instructions with the Joint Trial Memorandum. He prepares a draft of his charge, provides it to counsel either prior to or during the trial, and holds a charge conference a day or two before giving the charge.

Post-verdict Communications with Jurors

Judge Bolden does not permit lawyers to communicate with jurors, but he routinely speaks with jurors after the trial is over.

Technology

All requests for courtroom technology must be received by the Clerk's Office at least two weeks prior to the scheduled hearing. The form for such request can be found here: Courtroom Technology Request Form.

Judge Bolden is paired with Magistrate Judge Garfinkel, who will hear his initial presentments. At that time, parties will receive a scheduling order with a jury selection date. Any pleas or changes of pleas will be done before Judge Bolden. Parties should call Jazmin Perez at (203) 579-5539 to schedule a plea or change of plea.

Motions for a Continuance

If a continuance is sought and implicates a defendant's Speedy Trial Act rights, Judge Bolden's practice is to schedule a telephonic status conference with the parties to ensure that the findings required under the Speedy Trial Act can be made. Judge Bolden requires that such motions be accompanied by signed waivers from each defendant.

Victim Rights

For crimes involving identifiable victims, the prosecutor must e-mail the chambers law clerk assigned to the case at least 24 hours before any public court proceeding, certifying compliance with the rights of victims under the Crime Victims’ Rights Act, 18 U.S.C. § 3771. The prosecutor may obtain the appropriate e-mail address by calling chambers at (203) 579-5562.